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1 1 (January 6, 2022)

handle is hein.crs/govegvm0001 and id is 1 raw text is: Congressional Research Service
Informing I e flve debate sin ce 1914
African Growth and Opportunity Act (AGOA)

Overview
What is AGOA? AGOA (P.L. 106-200, as amended), a
cornerstone of U.S. trade policy toward sub-Saharan Africa
since 2000, is a nonreciprocal U.S. trade preference
program that provides duty-free access to the U.S. market
for most exports from eligible sub-Saharan African
countries. In addition to preferential market access, the act
also requires an annual forum, known as the AGOA forum,
held between U.S. and AGOA country officials to discuss
trade-related issues. Additionally, AGOA provides
direction to select U.S. government agencies regarding their
trade and investment support activities in the region.
Which countries are eligible? AGOA lists 49 sub-Saharan
African countries that are potential candidates for program
benefits. AGOA eligibility criteria address issues such as
trade and investment policy, governance, worker rights, and
human rights, among other issues, which countries must
satisfy to be beneficiaries of the program. The President
annually reviews and determines each country's eligibility.
There are currently 36 AGOA-eligible countries. In a
December 2021 proclamation, President Biden terminated
AGOA preference benefits for Ethiopia, Guinea, and Mali,
effective January 1, 2022. The President found these
countries failed to meet eligibility requirements regarding
human rights (Ethiopia, Mali), political pluralism and the
rule of law (Guinea, Mali), and worker rights (Mali).
Ten other sub-Saharan African countries remain ineligible
for the program's preference benefits in 2022. They include
(with noted eligibility violations): Burundi (political
violence), Cameroon (human rights), Equatorial Guinea
(income graduation), Eritrea (human rights), Mauritania
(worker rights), Seychelles (income graduation), Somalia
(never eligible), South Sudan (political violence), Sudan
(never eligible), and Zimbabwe (never eligible). In addition,
Rwanda's AGOA benefits for apparel exports have been
suspended since July 31, 2018, following an out-of-cycle
eligibility determination in response to increased tariff
barriers on used clothing imports from the United States.
What is the authorization status? AGOA was first
established by Congress in 2000 and has been amended
several times. The Trade Preferences Extension Act of
2015, P.L. 114-27, extended AGOA's authorization for ten
years to September 2025. The African Growth and
Opportunity Act and Millennium Challenge Act
Modernization Act of 2018, P.L. 115-167, required the
Administration to provide information on AGOA through
an official AGOA website, promote AGOA utilization,
product diversification, and regional cooperation, and
educate African entrepreneurs.
What is the goal? Through AGOA, the U.S. Congress
seeks to increase U.S. trade and investment with the region,
promote sustainable economic growth through trade, and
encourage the rule of law and market-oriented reforms.

Updated January 6, 2022

Supporting views. Supporters of AGOA argue that the
program affords African producers an important
competitive advantage in the U.S. market, thereby enabling
exports, encouraging investment in the region, boosting
private sector activity and economic growth, and ultimately
generating demand for U.S. goods and services as the
region's economies develop.
Opposing views. Opposition is mostly from U.S. producers
that may face increased import competition from AGOA
countries. Such concerns are generally limited due to the
low volume of U.S. imports under AGOA, but import
competing U.S. producers have lobbied to keep certain
products, particularly sugar, out of the program.
U.S. !mports under AGOA
Total U.S. AGOA imports were $4.2 billion in 2020, down
51% from $8.4 billion in 2019, due mostly to a decline in
crude oil imports. Imports remain concentrated in few
countries and industries, but diversification has grown.
 Energy product imports (e.g., crude oil) declined by
85% in 2020 to $707 million, and accounted for 17% of
AGOA imports. This represents a significant shift, as
such imports historically accounted for the vast majority
of AGOA imports (e.g., $48 billion at their 2011 peak).
Nigeria was the top supplier of energy products in 2020
($474 million).
 AGOA non-energy imports declined by 10% in 2020 to
$3.4 billion, but have tripled since the program began in
2001. Top non-energy import categories include textiles
and apparel ($1.2 billion), motor vehicles ($651
million), agricultural products ($627 million), minerals
and metals ($336 million), and chemicals ($332
million).
 South Africa is the top supplier of AGOA non-energy
imports (Figure 1), but its dominance has declined.
Decreasing motor vehicle imports from South Africa
and increasing apparel imports from other top countries
are the main trends underlying this shift.
Figure I.Top AGOA Countries, Non-Energy Products
South Africa
Kenya
Lesotho
U 2020
Ethiopia*
2019
Madagascar
Others
$ in millions o  500  1,000  1,500  2,000  2,500
Source: Analysis by CRS. Data from USITC.
Note: Ethiopia is ineligible for AGOA preferences in 2022.

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